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(영문) 서울북부지방법원 2014.02.06 2013고단781

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operated D Sariba in Gangnam-gu Seoul Metropolitan Government 101, 108, 113, and 115 under the ground of Gangnam-gu 101.

1. On September 201, the Defendant: (a) stated that “A victim E is in need of money due to the difficulties in management of private interest; (b) the house is not yet registered and thus cannot be granted loans as security; and (c) if a registration is made one month after the registration, a security loan shall be received; and (d) the victim was granted KRW 29 million out of the 30 million loan borrowed from a financial institution on September 20, 201 as security; and (b) the victim was granted KRW 29 million from the victim on September 21, 201.

However, on August 2010, the Defendant received the bid price of the above private loan with the loan of KRW 1.8 billion out of the bid price of KRW 2.7 billion, and received the above private loan with the above private loan in an unreasonable manner. The business of the above private loan was not good due to poor economic circumstances, and it was sufficiently expected that the above private loan can be sold for KRW 7.5 billion upon the request of the public notice of the contract by Non-Indicted Party F, and it was not clear whether the above private loan can be sold for KRW 7.5 billion, and even if it was borrowed money from other persons, there was no intention or ability to repay it.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant at the Seocho University Hospital on October 201, 201, stating that “The victim E enters various services, such as a health club, etc., after he/she received service deposit,” and received KRW 30 million from the victim’s account around October 12, 201.

However, as stated in Paragraph 1, the Defendant was not in good condition at the time, and there was no uncertainty as to whether to sell the above private letter of interest in KRW 7.5 billion, and whether to receive the service deposit, so there was no intention or ability to repay the above loan after viewing it to the victim.

Accordingly, the defendant is the victim.